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(영문) 부산지방법원 2017.10.19 2015가단229279
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(1) A D building, located in Busan Dongdong-gu, is owned by the Defendant (hereinafter “instant building”), which is a 1st basement underground floor and 5th floor building of reinforced concrete structure, located in Busan Dong-gu, (hereinafter “instant building”). The Defendant had E as the manager of the instant building, and had it enter into a lease contract, receive rent or public charges, manage the instant building, etc.

B. On January 21, 2005, F and the Defendant represented on behalf of the Defendant, the lease agreement was concluded between F and E, setting the lease deposit amount of KRW 20 million, the lease deposit amount of KRW 24 months, and monthly rent of KRW 800,000,000 (hereinafter “instant lease agreement”). The F is operating the Plaintiff, a company engaged in the new initiative manufacturing and washing business, etc. on the above underground floor.

Secondly, on August 25, 2014, G was circulated in the vicinity of the building of this case where the concentration of 130m a maximum of 130m meters per hour in Busan area, and flooded the surrounding areas of the building of this case, and large quantities of rainwater flow into the building of this case, and thus, the underground floor of this case was flooded, and thereby, the machinery, equipment, inventory assets, and laundry owned by the plaintiff was damaged.

(hereinafter referred to as “the flood damage of this case”). At the time of the flood damage of this case, the operation of the above department store was suspended per week in order to recover from flood damage because three underground floors of H, which had been far away from ten meters from the building of this case, were flooded, and underground teas or vehicles in the vicinity of the building of this case were flooded.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, Eul evidence No. 5 and the video and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Plaintiff 1’s assertion 1 Plaintiff 1, the instant lease agreement was drafted between F and Defendant, but in fact, the Plaintiff, whose representative director is F, is the lessee who has leased the instant underground floor.

In this case.

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